PAPER

BASIS OF BUSINESS COMPETITION LAW IN INDONESIA

This paper was prepared to fulfill the assignment for the Business
Competition Law course
Lecturer: Muhammad Faiq, S.HI., M.H

Compiled by: Group I

Faizah Uhti Rianda 210202110145

SYARI'AH ECONOMIC LAW STUDY PROGRAM FACULTY

OF SYARI'AH
MAULANA MALIK IBRAHIM ISLAMIC UNIVERSITY OF
MALANG
2024

i
 FOREWORD

Thank God Almighty for giving us the opportunity to complete this paper.
Thanks to His grace and guidance, we were able to complete the paper entitled
"Legal Basis of Business Competition in Indonesia". This paper was prepared to
fulfill the task of Mr. Muhammad Faiq, S.HI., M.H. in the Business Competition
Law course at the Maulana Malik Ibrahim State Islamic University, Malang. Apart
from that, we also hope that this paper can increase readers' insight into the legal
basis for business competition in Indonesia.
We would like to thank Mr. Muhammad Faiq, S.HI., M.H as lecturer in the
Business Competition Law course. The assignments that have been given can
increase our knowledge and insight regarding the field we are working on. We also
thank our friends who have supported us so that we could complete this task on
time.
We realize that this paper is still far from perfect in terms of organization,
language and writing. Therefore, we really hope for constructive criticism and
suggestions from readers to serve as a reference so that we can be even better in the
future. Hopefully this paper can broaden readers' insight and be useful for the
development and improvement of science.

Malang, February 29 2024

Writer

ii
 LIST OF CONTENTS

FOREWORD .......................................................................................................... ii

LIST OF CONTENTS ........................................................................................... iii

CHAPTER I INTRODUCTION ............................................................................. 1

A. Background .................................................................................................. 1

B. Problem Formulation ................................................................................... 3

C. Objective ...................................................................................................... 3

BAB II DISCUSSION ............................................................................................ 4

D. Political Policy on Business Competition in Indonesia ............................... 4

E. Background to the emergence of Law no. 5 of 1999 ................................... 6

F. Legal Position of Business Competition ...................................................... 7

G. Substance of Law No. 5 of 1999 .................................................................. 9

CHAPTER ............................................................................................................ 14

III CLOSING ........................................................................................................ 14

H. Conclusion ................................................................................................. 14

I. Suggestion .................................................................................................. 14

BIBLIOGRAPHY ................................................................................................. 15

iii
 CHAPTER I

INTRODUCTION
A. Background
A market in which there is no competition is called a “monopoly”. There
are several assumptions that are the basis for determining the existence of a
monopoly.
First, if business actors have influence in determining prices. Second,
business actors do not feel the need to adapt to competitors and finally, there is an
"entry barrier" for business actors who want to enter a market that has been
monopolized by business actors. Based on these assumptions, unhealthy
competition will kill competition itself and in turn will give rise to monopoly.
Give rise to monopoly. In some countries, competition law is known as
"Antitrust Law" or Anti-Monopoly. In Indonesia, the terms often used are
competition law or anti-monopoly.1 In Indonesia, anti-monopoly law is regulated
in Law Number 5 of the Year 1999 concerning Prohibition of Monopoly Practices
and Unfair Business Competition. This law is a specific and comprehensive
regulation relating to competition between business actors. The history of
Indonesia's economic growth shows that the competitive climate in Indonesia has
not occurred as expected, where Indonesia has developed its economy without
paying adequate attention to the creation of a competitive market structure.
Especially during the New Order era, at that time there was a stagnation in the
competitive system in the business world, due to the New Order style of power
which placed great importance on groups and their cronies in order to gain profits
from a monopolistic market system. Economists say that monopoly occurs when
the output of an entire industry is produced and sold by one company, which is
called a monopolist or monopoly company.
The Indonesian government's economic policy since the Soeharto regime as
stated in the GBHN has mandated economic democracy. Competition law was
created in order to support the formation of a market economic system, so that

1
Erlina Septiyaningrum, “Politik Hukum Persaingan Usaha Dalam Kerangka Demokrasi Ekonomi
Indonesia (Suatu Kajian Sejak Orde Lama Hingga Orde Reformasi),” 2012,
https://digilib.uns.ac.id/dokumen/30489/Politik-hukum-persaingan-usaha-dalam-kerangka-
demokrasi-ekonomi-indonesia-Suatu-Kajian-sejak-Orde-Lama-hingga-Orde-Reformasi.

1
competition between business actors can remain alive and take place in a healthy
manner, so that consumers can be protected from business exploitation. Even
though business competition is actually a matter between business actors, where the
government does not need to interfere, in order to create rules of the game in
business competition, the government needs to intervene to protect consumers.
Because if this is not done, it is possible that there will be collusion between
business actors which will create economic inefficiency, which in the end will be
the consumer who will bear the burden, namely buying goods or services at
inadequate prices and quality.
In the business world, there is always a tug of war between opinions that
tend to favor a free market system and a market regulated by the government.
Finally, a middle way was used, namely the principle of market freedom regulated
by the government, where competition between business actors gives rise to healthy
competition by increasing efficiency and productivity as well as new discoveries of
goods and services. On the other hand, unhealthy competition will damage the
country's economy and will harm society at large.
In the development of the Indonesian economic system, business
competition has become one of the economic instruments since the reform was
implemented. This is demonstrated by the issuance of Law Number 5 of 1999
concerning Prohibition of Monopoly Practices and Unfair Business Competition.
This law is a milestone for the recognition of healthy business competition as an
economic pillar in the economic system in Indonesia based on Pancasila and the
1945 Constitution. The birth of Law Number 5 of 1999 is also a correction to
worrying economic developments, which have proven to be resistant to shock/crisis
in 1997. The crisis showed that Indonesia's economic foundation was very weak. In
fact, many opinions say that the Indonesian economy was built in a way that
deviated from the values contained in Pancasila and the 1945 Constitution.

2
B. Problem Formulation
1. What is the business competition political policy?
2. What is the background to the emergence of Law no. 5 of 1999 concerning
Prohibition of Monopoly Practices and Unfair Business Competition?
3. What is the position of business competition law in Indonesia and the legal
substance of Law no. 5 of 1999?

C. Objective
1. To understand the politicj9al policies of business competition
2. To find out the background to the emergence of Law no. 5 of 1999 concerning
Prohibition of Monopolistic Practices and Unfair Business Competition
3. To find out the legal position of business competition in Indonesia and the legal
substance of Law no. 5 of 1999

3
 BAB II

DISCUSSION

A. Political Policy on Business Competition in Indonesia

Business competition law in Indonesia or known as Antitrust Law (United
States), Antimonopoly Law (Japan), Restrictive Trade Practices Law (Australia),
and Competition Law (European Union) is a condition sine qua non for the working
of market mechanisms. Monopoly or distortion in a market economy is undesirable.
The market economy is required to be competitive, which is an attitude related to
competition or rivalry. This can be done to maintain market mechanisms by having
rules that determine market structure and actor behavior business.2
National economic political policy is guided by the 1945 Constitution,
although it has been amended, as contained in Article 33 of the 1945 Constitution.
In Article 33 of the 1945 Constitution In 1945 there was a clear provision stating
that the national economy must be built on the basis of a philosophy of economic
democracy in the form of a people's economy which is the basis for political policies
regarding business competition law. Article 33 paragraph (1) of the 1945
Constitution states that "the economy is structured as a joint venture based on the
principle of kinship". Meanwhile, the explanation states that "Article 33 states the
basis of economic democracy, production is carried out by all, for all under the
leadership or ownership of members of society. This prioritizes the prosperity of
society rather than the prosperity of a person or persons. So the economy is
structured as a joint effort based on the principle of kinship."
The term kinship is often interpreted as anti-competitive. The provisions in
Article 33 state that the Indonesian economy is oriented towards a people's
economy. The mechanism is the administration of the economy based on economic
democracy.3
Thus, it has become the duty and obligation of the state to implement the
provisions in Article 33 paragraph (1) of the 1945 Constitution in a national

2
Septiyaningrum.
3
Anto Kustanto, “Usaha Mikro Kecil Menengah (UMKM) Sebagai: Pilar Ekonomi Kerakyatan
Dalam Dimensi Politik Hukum Integratif.,” QISTIE 15, no. 1 (May 1, 2022): 17–31,
https://doi.org/10.31942/JQI.V15I1.6485.

4
economic structure based on economic democracy, which requires equal
opportunities for every Indonesian citizen to participate in the production process
and marketing of goods and/or services. In a healthy, effective and efficient
business climate so that it can encourage economic growth and the functioning of a
fair market economy. Legislation is an effective guide for implementing economic
democracy political policies aimed at realizing people's welfare. Legislation
functions as a tool of social control and also a tool of social engineering in national
economic life. Therefore, legislation is an instrument of state political policy.
In the New Order government, national economic political policy referred
to the provisions of Article 33 paragraph (1) of the 1945 Constitution which was
implemented in the decree of the Temporary People's Consultative Assembly
(MPRS) Number XXIII/MPRS/1966 concerning Renewal of Economic, Financial
and Development Policy.4 It is also stated in the provisions of Article 6 and Article
7 of MPRS Decree Number XXIII/MPRS/1966 that it provides the characteristics
of economic democracy, both positive and negative characteristics of economic
democracy. There is development and renewal through the Outlines of State Policy
(GBHN) as stipulated successively in:
1. MPR Decree Number IV/MPR/1937 concerning GBHN
2. MPR Decree Number IV/MPR/1978 concerning GBHN
3. MPR Decree Number IV/MPR/1983 concerning GBHN
4. MPR Decree Number II/MPR/1988 concerning GBHN
5. MPR Decree Number II/MPR/1993 concerning GBHN
6. MPR Decree Number II/MPR/1998 concerning GBHN
The reform of economic, financial and development policies stipulated in MPRS
Decree Number XXIII/MPRS/1996 aims to implement the principle of popular
sovereignty in the economic sector. Even though the New Order government was
still based on the concept of a guided economy, the reforms carried out were still
basic. In fact, it could be said that the New Order Government's policies still tend
to be radically reformatory the basis of the New Order's economic policy.

4
Mariyani Mariyani, “Politik Hukum Larangan Persaingan Usaha Tidak Sehat Di Indonesia,” Jurnal
Pendidikan Tambusai 8, no. 1 (January 8, 2024): 1227–38,
https://doi.org/10.31004/JPTAM.V8I1.12534.

5
B. Background to the emergence of Law no. 5 of 1999
The business world is a dimension that cannot stand alone. Many aspects
from various other dimensional worlds are directly or indirectly involved with this
business world. The rapid development of the business world is sometimes not
matched by the existence of signs or regulations for supervision. In this case, the
role of law is increasingly important in dealing with problems in the business world
that arise, such as monopoly and unfair competition.
In Indonesia, regulations regarding the prohibition of monopolistic practices
and unfair business competition are contained in Law No. 5 of 1999. 5 This
regulation was born due to the rise of the monopoistic economy that exists due to
collusion between entrepreneurs and employers, as well as with the rapid increase
in the rate of globalization. Before the existence of Law no. 5 of 1999 concerning
the prohibition of monopolistic practices and unfair business competition. There is
a concentration of economic power in certain individuals or groups, either in the
form of monopoly or other unfair business competition. This makes the economic
condition in Indonesia fragile.
The background to the birth of Law no. 5 of 1999 concerning the prohibition
of monopolistic practices and unfair business competition, can be divided into three
parts, namely:
1. Juridical Foundation
In the Preamble to the 1945 Constitution it is clearly stated that the aim of
national development is to protect all of Indonesia's blood, promote general
welfare, make the life of the nation intelligent, and participate in implementing
world order based on freedom, eternal peace and social justice. In the economic
sector, the 1945 Constitution requires equal prosperity for society. An economic
system with the principles of balance, harmony, and providing joint business
opportunities for every citizen.
2. Socio-Economic Foundations
The birth of Law no. 5 of 1999 regarding the prohibition of monopolistic
practices and unfair competition is an effort to create a strong economic

5
Yogi Sumarsono Wibowo et al., “Analisis Implementasi Kebijakan Keterbukaan Informasi Publik
Di Komisi Pengawas Persaingan Usaha Republik Indonesia,” Cerdika: Jurnal Ilmiah Indonesia 1,
no. 7 (July 27, 2021): 892–909, https://doi.org/10.59141/CERDIKA.V1I7.127.

6
 foundation, to create a strong and efficient economy. Because at the time of the
new order, development was not based on the theory of development law. The
existence of this law is a prerequisite for modern economic principles that
provide opportunities for everyone to compete honestly and openly in their
endeavors.6
3. Political and International Foundations
According to Ade Maman Suherman, since the 1970s, anti-monopoly attitudes
and unfair business competition have been discussed in Indonesia. The
economic structure at that time required laws that could correct the economic
structure which was dominated and monopolistic by certain parties, especially
groups included in the vortex of power.
In essence, the aim of regulations related to business competition is to create fair
and effective business competition in a particular market, which encourages
business actors to develop efficiency in order to compete in the business world. 8
Therefore, Law no. 5 years 1999 concerning the prohibition of monopolistic
practices and unfair business competition, paying attention to the balance between
the interests of business actors and the public interest. This law has an important
and strategic role in creating a healthy corporate climate in Indonesia

C. Legal Position of Business Competition

It should be noted that the rapid dynamics of the national economy cannot
be denied, which has also triggered the development of the legal sector which is the
"rule of the game" for economic activities.7 Various legal instruments in the
economic sector previously based on the Civil Code and Commercial Code as well
as the Criminal Code, which in fact were a legacy of the Dutch East Indies Colonial
Government which was oriented towards the Continental European school, were no

6
“Ekonomi Politik Kebijakan Dan Strategi Pembangunan - Didik J. Rachbini, Rianto Adi - Google
Buku,” accessed March 5, 2024,
https://books.google.co.id/books?hl=id&lr=&id=zmemEAAAQBAJ&oi=fnd&pg=PP2&dq=KEBIJAKA
N+POLITIK+PERSAINGAN+USAHA+DI+INDONESIA&ots=o6VJV8UarD&sig=HXvd4a2eVx_PPwu1tK1
K7hrDnk0&redir_esc=y#v=onepage&q=KEBIJAKAN POLITIK PERSAINGAN USAHA DI
INDONESIA&f=false.
7
Muhammad Fajar Hidayat and Penyesuaian Pengarang, “POLITIK HUKUM PERSAINGAN USAHA
DI INDONESIA,” Jurnal Cahaya Keadilan 5, no. 1 (April 30, 2017): 78–103,
https://ejournal.upbatam.ac.id/index.php/cahayakeadilan/article/view/913.

7
longer able to accommodate the problems of the dynamics of existing economic
activities. Therefore, the trend of drafting various special legislative regulations (lex
specialist) in the economic sector can no longer be stopped.
The very distinctive feature of this particular legislative product is its
substantial characteristic condition in which it covers all aspects of the previously
known legal fields (civil law and public law) in the national legal system. So some
Indonesian legal experts stated that the areas of law that have been adhered to (civil
law and public law) in the national legal system are no longer relevant to maintain.
In the end, still some of the legal experts, now the field of law should be based on
the field of related activities, for example for activities in the economic field, the
legal field is economic law.
According to Sunarayati Hartono, Indonesian Economic Law is not only
civil law, but is also closely related to State Administrative Law, Inter-Agency Law,
Criminal Law and does not even ignore International Public Law and International
Private Law. 10 Redjeki Hartono said that the breadth of the field of economic law
studies makes it able to accommodate two legal aspects at once as a comprehensive
study. The two legal aspects include public law aspects and civil law aspects.
In accordance with the views above, it can be concluded that economic law
has dimensions of both public law and civil (private) law. Because business
competition law is part of economic law, it can also be said that business
competition law also has dimensions in the field of constitutional law (official,
central and regional institutions and agencies such as the existence of the
Department and Service of Industry and Trade and the existence of the Business
Competition Supervisory Commission); state administrative law (implementation
of the institutional role); the field of civil law (such as the existence of agreements
and contracts in business competition cases); and there is criminal field (criminal
sanctions in Law No. 5 of 1999).
Thus, it can be concluded that within the framework of the national legal
system, business competition law as part of economic law does not only have the
dimension of civil law but is broader, covering public law (state and criminal law).

8
D. Substance of Law No. 5 of 1999
Below is a brief explanation of the substance of Law no. 5 / 1999 as follows8
1. Prohibition of two or more business actors from entering into an agreement that
has the following substance:
a. Oligopoly Practices (Agreements between two or more business actors to
control the production and/or marketing of goods and/or services which can
result in monopolistic practices and unfair business competition, Article 4.
b. Price Fixing (an agreement between two or more business actors to: set
prices (except in joint ventures or based on law); price discrimination;
making prices below market prices; or prohibiting resale at prices lower than
the set price, Article 5-8).
c. Division of marketing areas (an agreement between two or more business
actors to determine marketing areas or market allocation so that it can result
in monopolistic practices and unfair business competition, Article 9.
d. Boycott (an agreement between two or more business actors to prevent other
business actors from carrying out the same business or refuse to sell other
business actors' products, Article 10.
e. It is. Cartel (an agreement between two or more business actors to
influence prices by regulating production which can result in monopolistic
practices and unfair business competition, Article 11.
f. Trust (an agreement between two or more business actors to form a
combined company while maintaining the continuity of their respective
companies with the aim of controlling production and/or marketing so that
it can result in monopolistic practices and unfair business competition,
Article 12
g. Oligopsony (an agreement between two or more business actors to control
supply in order to control prices which can result in monopolistic practices
and unfair business competition, Article 13). • Vertical Integration (an
agreement between two or more business actors to control a sustainable

8
Irwan Sugiarto et al., “PERSPEKTIF ILMU EKONOMI DAN UNDANG-UNDANG NOMOR 5 TAHUN
1999 TENTANG LARANGAN PRAKTIK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT
TERHADAP DISKRIMINASI HARGA,” Jurnal Wawasan Yuridika 33, no. 2 (October 24, 2015): 153–
74, https://doi.org/10.25072/JWY.V33I2.101.

9
 production chain which can result in unhealthy business competition and be
detrimental to society, Article 14). • Closed Agreement (an agreement
between two or more business actors which contains conditions that the
recipient of the supply will only supply or will not supply the product to
other business actors; must be willing to buy other products from the
supplier; or regarding the price or discount that will be received if they are
willing to buy other products or not buying the same product from other
business actors, Article 15.
h. Agreements with Foreign Parties (agreements with foreign business actors
that may result in monopolistic practices and unfair business competition,
Article 16
2. Prohibition of an activity or action as follows:9
a. Monopoly (business actors are prohibited from exercising control over
production and marketing which could result in monopolistic practices and
unfair business competition, Article 17).
b. Monopsony (business actors are prohibited from controlling supply receipts
or becoming sole buyers which could result in monopolistic practices and
unfair business competition, Article 18).
c. Market Control (prohibited from carrying out one or several activities, alone
or together which could result in monopolistic practices and unfair business
competition in the form of: preventing other business actors from carrying
out the same business; or preventing consumers from transacting with
certain business actors; or limiting circulation and selling products; or
committing discrimination (Article 19)
d. Selling at a loss to get rid of competitors (Article 20); fraudulently
determine production costs and other costs (Article 21)).
e. It is. Conspiracy (prohibited from conducting collusive tenders (Article
22)

9
Pusat Kajian, Hukum Ekonomi, and Dan Bisnis, “ANALISIS KEBUTUHAN PERUBAHAN SUBSTANSI
UNDANG-UNDANG NOMOR 5 TAHUN 1999 TENTANG LARANGAN PRAKTEK MONOPOLI DAN
PERSAINGAN USAHA TIDAK SEHAT,” Juris and Society: Jurnal Ilmiah Sosial Dan Humaniora 3, no. 1
(June 30, 2023): 74–83,
https://www.journal.pppci.or.id/index.php/jurisandsociety/article/view/73.

10
 f. Conspiring to obtain competitors' company secrets (Article 23), conspiring
to hinder competitors' production and/or marketing (Article 24)).
3. Abuse of Dominant Position:
a. It is prohibited to use a dominant position directly or indirectly to set terms
of trade to deter consumers; limiting market and technological development;
or prevent competitors from entering the relevant market. Article 25.
b. Multiple positions (prohibited from holding concurrent
director/commissioner positions in two or more companies if the other
companies; are in the same relevant market; or are related in the field and
type of business; jointly control the market share; which can result in
monopolistic practices and unfair business competition ), Article 26.
c. Share ownership (majority share ownership in several similar companies is
prohibited if it results in one or a group of business actors controlling more
than 50% of the market share; or two or three business actors or groups of
business actors controlling more than 75% of the market share), Article 27.
d. Mergers, consolidations and takeovers (prohibited if they can result in
monopolistic practices and unfair business competition and there is a
notification obligation if they result in control of certain assets or values),
Articles 28 and 29.
4. This law stipulates the establishment of a Business Competition Supervisory
Commission which has significant authority to not only supervise the
implementation of this law but also to carry out duties of assessing agreements,
business activities, abuse of dominant positions, taking actions based on
authority, providing advice and considerations to the government. and 12 have
the authority to receive reports, research, investigations, summon business
actors and witnesses, request information from government institutions, decide
and impose administrative sanctions relating to cases of alleged violations of
this law. Articles 30-37.
5. This law also establishes special procedures for handling business competition
cases. And there are special procedural provisions for judicial institutions in
handling business competition cases, such as eliminating appeals to the High

11
 Court. There are appeals to the Supreme Court against District Court decisions
on business competition cases. Articles 38-46. 6.
6. Sanctions in this law are divided into two, namely administrative sanctions (the
authority of the KPPU) and criminal sanctions (the authority of the general
judiciary).10 Administrative sanctions can consist of cancellation of agreements,
termination of vertical integration, business activities and abuse of dominant
position, cancellation of mergers, consolidations and takeovers, determination
of compensation, and/or imposition of fines of between IDR 1 billion to IDR 25
billion. Meanwhile, criminal sanctions can consist of basic punishment in the
form of a fine of IDR 1 billion to IDR 100 billion rupiah with imprisonment of
between 3 to 6 months as well as additional punishment in the form of
revocation of business license, prohibition from holding the position of director
or commissioner for 2 to 5 years, or termination of activities or business actions
that cause losses. Articles 47-49.
7. This law also stipulates the existence of exceptions to the application of rules in
the law (Articles 50-51) for:
a. The act and/or agreement is to implement applicable laws and regulations
b. Agreements related to Intellectual Property Rights and franchises;
c. Relating to technical standards; d. Agreement within the agency
framework; e. Research collaboration agreement;
d. Ratified international agreements;
e. Agreements and/or actions in the context of exports without disturbing
domestic supplies;
f. Small business actors;
g. Cooperative business activities that serve their members.
h. Activities carried out by BUMN or bodies or institutions formed by the
government
Then Law No. 5 of 1999 was amended to Law No. 11 of 2021 and then PP No. 44
of 2021 appeared regarding:

10
Oleh I Ni Wayan Anggita Darmayoni Gede Yusa, “MERGER TERKAIT DENGAN INDIKASI
PENGUASAAN PANGSA PASAR MENURUT UNDANG-UNDANG NOMOR 5 TAHUN 1999 TENTANG
LARANGAN PRAKTEK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT,” n.d.

12
1. authority of the Business Competition Supervisory Commission; sanction
criteria, type of sanction, and amount of fine; and examination of objections and
cassation of Commission decisions.
2. The Commission has the authority to impose sanctions in the form of
administrative action on Business Actors who violate statutory provisions.
These administrative actions include, among others;
a. Determining the cancellation of the agreement
b. Orders to Business Actors to stop vertical integration;
c. Orders to Business Actors to stop abuse of dominant position;
d. Determination of compensation payments, etc. The Business Competition
Supervisory Commission, in supporting the implementation of its duties,
stipulates Commission Regulations which are formed in accordance with
the law regarding the formation of statutory regulations.

13
 CHAPTER III

CLOSING

A. Conclusion
Monopoly and business competition are commonplace in economic
activities. As long as these activities are carried out within legal guidelines, the
implications of implementing monopoly and business competition cannot be
avoided in the market economic mechanism. The only difference is that before Law
No. 5 of 1999, monopolistic practices and competition were not regulated within
the proper legal corridors. After Law no. 5 of 1999
Monopoly practices in business activities are prohibited if they are proven
to be detrimental to other business actors, consumers, society or the state. Law no.
5 years 1999 emphasizes the prohibition of monopolistic practices and unfair
business competition among business actors that can be threatened with
administrative sanctions and criminal sanction.
The enactment of this law is in anticipation of the free market in the era of
economic globalization in order to realize prosperity and welfare of the people as
mandated by the 1945 Constitution. 5 of 1999 has fulfilled the principles of the
Anti-Monopoly Law in regulating Market Structure and business behavior, because
it contains a combination of two regulations which are included in one statutory
book, both regarding the Anti-Monopoly Law and statutory regulations concerning
business competition or the Competition Act. . So that monopoly and business
competition can go hand in hand in business regulations in Indonesia.

B. Suggestion
That is what we can explain regarding the material that is the subject of this
paper, of course there are still many shortcomings and weaknesses, therefore the
authors hope that dear readers can provide constructive criticism and suggestions
to the drafting team for the perfection of this paper and the authors of the paper at
the opportunity -next chance.

14
 BIBLIOGRAPHY

“Ekonomi Politik Kebijakan Dan Strategi Pembangunan - Didik J. Rachbini, Rianto Adi - Google
Buku.” Accessed March 5, 2024.
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KEBIJAKAN+POLITIK+PERSAINGAN+USAHA+DI+INDONESIA&ots=o6VJV8UarD
&sig=HXvd4a2eVx_PPwu1tK1K7hrDnk0&redir_esc=y#v=onepage&q=KEBIJAKAN
POLITIK PERSAINGAN USAHA DI INDONESIA&f=false.

Hidayat, Muhammad Fajar, and Penyesuaian Pengarang. “POLITIK HUKUM PERSAINGAN

USAHA DI INDONESIA.” Jurnal Cahaya Keadilan 5, no. 1 (April 30, 2017): 78–103.
https://ejournal.upbatam.ac.id/index.php/cahayakeadilan/article/view/913.

Kajian, Pusat, Hukum Ekonomi, and Dan Bisnis. “ANALISIS KEBUTUHAN PERUBAHAN
SUBSTANSI UNDANG-UNDANG NOMOR 5 TAHUN 1999 TENTANG LARANGAN
PRAKTEK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT.” Juris and
Society: Jurnal Ilmiah Sosial Dan Humaniora 3, no. 1 (June 30, 2023): 74–83.
https://www.journal.pppci.or.id/index.php/jurisandsociety/article/view/73.

Kustanto, Anto. “Usaha Mikro Kecil Menengah (UMKM) Sebagai: Pilar Ekonomi Kerakyatan
Dalam Dimensi Politik Hukum Integratif.” QISTIE 15, no. 1 (May 1, 2022): 17–31.
https://doi.org/10.31942/JQI.V15I1.6485.

Mariyani, Mariyani. “Politik Hukum Larangan Persaingan Usaha Tidak Sehat Di Indonesia.”
Jurnal Pendidikan Tambusai 8, no. 1 (January 8, 2024): 1227–38.
https://doi.org/10.31004/JPTAM.V8I1.12534.

Ni Wayan Anggita Darmayoni Gede Yusa, Oleh I. “MERGER TERKAIT DENGAN INDIKASI
PENGUASAAN PANGSA PASAR MENURUT UNDANG-UNDANG NOMOR 5
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